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Gov. Abercrombie reluctant to release names of candidates

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February 4, 2011

Hawaii: An open records debate in Hawaii has two sides arguing the merits of a 1993 Hawaii Supreme Court ruling. Governor Neil Abercrombie does not want to release the names of those who applied for the position on the Hawaii Supreme Court to which he just appointed Sabrina S. McKenna. The governor believes that releasing the names would be "detrimental to attracting prospective judicial applications."[1] Those who agree with Abercrombie contend that disclosing the names may deter future applicants.

The Office of Information Practices (OIP) doesn't agree with that argument, stating that there is no need for confidentiality once (or if) McKenna is confirmed by the Hawaii Senate. The office also has precedent its side. Former Governor Linda Lingle released the names of applicants not chosen for appointment, as did former Chief Justice Ronald Moon.[1]

The ruling referenced in 1993 found that the governor and chief justice had "sole discretion" over the decision to release the names. However, of the open records laws in the state, the director of the OIP said, "I don't see that any exception would apply."[1]

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